In support of allegation 2, Plaintiff submitted Opposition Exhibit 1, SSA’s November 16, 2012 FOIA response to a different FOIA request for Mr. Bounel’s information. In this response, SSA states that “the Privacy Act of 1974 (5 U.S.C. § 552a) restricts disclosure of the [requested] information.” Plaintiff argues that this letter proves that SSA has located records for Mr. Bounel. However, the November 16, 2012 FOIA response does not state SSA located any records for Mr. Bounel. In addition, Plaintiff fails to acknowledge a material difference in the 2012 FOIA request and her April 26, 2013 FOIA request, which caused SSA to respond differently to the requests.
Plaintiff provides no additional relevant evidence to support her FOIA allegations. Opposition Exhibits 2-3 include copies of records of a deceased individual’s SSN, who Plaintiff asserts should appear in SSA’s records immediately before the records of Mr. Bounel. However, Plaintiff did not request the records of this individual in her April 26, 2013 FOIA request. Further, the existence of this individual’s records does not prove the existence of records for Mr. Bounel. In addition, Opposition Exhibit 4 is an Order Granting Plaintiff’s Motion for Sanctions from an unrelated case, which is irrelevant to this case.
03/02/2014 32 REPLY to Response to Motion re 28 MOTION to Dismiss the Second Amended Complaint or, in the Alternative, for Summary Judgment and Response to Plaintiff’s Motion for Summary Judgment filed by Carolyn Colvin. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Loucks, Allen) (Entered: 03/02/2014)
Orly’s reading abilities continue to trip her up, for example